1st Class Notes
Table of Contents
Introduction 2
Interests in Land 2
Equity 3
Formalities 3
Land Registration 5
Unregistered Land 5
Registering Land 5
Interests in Land 7
Further Issues 11
Overreaching 12
Leases 13
Requirements 14
Rent 16
Term 17
Exclusive Possession 19
Trusts of Land, Co-Ownership & Cohabitation 22
Trusts of Land 22
Regulating Trusts of Land 24
Disputing Trusts of Land 26
Trusts of Land and Purchasers 28
Resulting and Constructive Trusts 29
Acquisition of a Constructive Trust 31
Quantification of a Constructive Trust 35
Cohabitation Reform 39
Easements 41
Rights amounting to an Easement 41
Acquisition of an Easement 48
Using Easements 53
Ending Easements 54
What is Property? 55
Adverse Possession 55
Land, Property & People 59
Exclusion 60
Exceptions to the Right to Exclude 63
,Land Law Introductory Cycle
Land Law is part of a bigger set of ideas, the Law of Property. Property Law rules – and Land Law
rules in particular – have an impact on people’s lives, and may affect whether or not they have a
home, how wealthy or poor they are, and the amount of access and control over resources which are
available to everyone. For example, one may consider the implications of the ethical dilemma of the
statue, and named buildings, of Edward Colston in Bristol.
Land Law rests on the foundation of two legal estates: Freehold & Leasehold (S.1(1) Law of Property
Act 1925).
Land Law operates in both Law and Equity, promoting both certainty and fairness.
About 87% of all land in England and Wales is registered, the study of Land Law is concerned with
the registered system.
Interests in Land
“Land” – includes land of any tenure, and mines and minerals… buildings or parts of buildings…
incorporeal hereditaments, and an easement, right, privilege, or benefit in, over, or derived from land.
(S.205 Law of Property Act 1925)
Legal Estates:
S.1 of the LPA 1925 states that;
1) The only estates in land which are capable of subsisting or of being conveyed or created at
law are
a) An estate in fee simple absolute in possession;
b) A term of years absolute
An “Owner” of land is considered in Land Law to be the “Freeholder” of the “fee simple absolute in
possession” (S.1(1)(a)). There is no such time limit on this possession.
S.1.1.b is considered to be a “leasehold”, with a specific time limit.
Legal Interests:
2) The only interests or charges in or over land which are capable of subsisting or of being
conveyed or created at law are
a) An easement, right, or privilege in or over land
b) …
c) A charge by way of legal mortgage
The most common example of an “easement” is a right of way.
“An acquisition mortgage” is a mortgage formed to help purchase property
“A non-acquisition mortgage” is a mortgage which is formed after purchasing property.
Those without Property Interests:
Trespasser or Licensee
“Our law holds the property of every man so sacred, that no man can set foot upon his neighbour’s
close without his leave” (Entick v Carrington (1765)).
,Equity
A system of rules and principles that was developed in the Court of Chancery, recognising certain
rights and remedies not recognised under Common Law. The two were amalgamated in 1875. There
is still a distinct difference between Legal rules and Interests, and Equitable rules and Interests.
Equity regards fairness and the discretion of courts; where formalities are not completed and legal
rules cannot apply, such rules may still be held in equity. such Equitable rights can bind third parties.
Equitable interests are typically less binding than legal interests. Legal estates are therefore typically
stronger than equitable estates.
Formalities
Why we need formalities?
(1) Many people can have interests in land at the same time (and it is finite)
(2) Land is also not portable
(3) Land lasts for generations
In order to create a legal estate, you generally need a deed.
LPA S.52 –
1) All conveyances of land or of any interest therein are void for the purpose of conveying or
creating a legal estate unless made by deed.
2) This section does not apply to –
… (d) leases or tenancies or other assurances not required by law to be made in writing.
A “Deed” is defined under the Law of Property (Miscellaneous Provisions) Act 1989 (S.1(2)), as an
instrument which –
a) Makes clear on its face that it is intended to be a deed by the person making it or by the
parties to it; and
b) It is validly executed as a deed by that person or one or more of those parties.
“Validly Executed” is defined under the LP(MP)A (S.1(3))
3) An instrument is validly executed as a deed by an individual if –
a) It is signed –
i) By him in the presence of a witness who attests the signature; or
ii) At his direction and in his presence and the presence of two witnesses who each
attest the signature; and
b) It is delivered as a deed by him or a person authorised to do so on his behalf.
However, there is one exception: The Parol Rule (S.54(2) LPA 1925)
A lease can be formed even if it is not written or created by deed.
(1) All interests in land created by parol and not put in writing and signed by the persons so
creating the same, or by their agents thereunto lawfully authorised in writing, have,
notwithstanding any consideration having been given for the same, the force and effect of
interests at will only.
, (2) Nothing in the foregoing provisions of this Part of this Act shall affect the creation by parol
of leases taking effect in possession for a term not exceeding three years (whether or not
the lessee is given power to extend the term) at the best rent which can be reasonably
obtained without taking a fine.
“Best Rent” is the market rent, i.e. the best (highest) rent the landlord can achieve. If the tenant gets a
discount (or free rent) they cannot benefit from the parol rule.
Formalities in Equity:
S.53 LPA –
(1) Subject to the provisions hereinafter contained with respect to the creation of interests in land
by parol –
(a) No interest in land can be created or disposed of except by writing signed by the
person creating or conveying the same…
(2) This section does not affect the creation or operation of resulting, implied or constructive
trusts
“Writing” is defined in 1989 LP(MP)A S.2 –
1) A contract for the sale or other disposition of an interest in land can only be made in
writing and only by incorporating all the terms which the parties have expressly agreed in
one document or, where contracts are exchanged, in each.
2) The terms may be incorporated in a document either by being set out in it or by reference to
some other document.
3) The document incorporating the terms or, where contracts are exchanged, one of the
documents incorporating them (but not necessarily the same one) must be signed by or on
behalf of each party to the contract.
